category supreme-court 
Legal Planet
SEPTEMBER 11, 2023
Three weeks from today, the Supreme Court starts its 2023 Term. The Court’s rulings could undermine. The Court’s rulings could undermine. Under Chevron , if a statute is ambiguous or has a gap, courts defer to reasonable interpretations of the statute by agencies. There are two blockbuster cases on the docket.
Legal Planet
JUNE 30, 2022
Today, the Supreme Court decided its most important environmental case since 2007. Here is the Court’s reasoning in a nutshell: Capping carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricity may be a sensible “solution to the crisis of the day.”
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Legal Planet
AUGUST 14, 2023
Notably, the tone of the industry filing is that the industry is committed to the energy transition and is moving as fast as it can, much different than the stance of conservative opponents. That’s the doctrine the Supreme Court used to strike down Obama’s Clean Power Plan in West Virginia v. Circuit if not in the Supreme Court.
Legal Planet
OCTOBER 5, 2023
To get a better sense of where the court may be heading, I spoke with Sean Donahue , an environmental lawyer who argued one of the cases and was there for the other two oral arguments. EPA is an effort by conservative states and fuel suppliers to block EPA regulations of greenhouse gas emissions from motor vehicles under the Clean Air Act.
Law Columbia
MAY 10, 2023
If a lease is producing or “known to contain valuable deposits of oil or gas,” it can only be cancelled “by court order.” The land covered by ConocoPhillips’ NPR-A leases falls into the second category. stimulations of th[e] lease, [and] the Secretary of the Interior’s regulations and formal orders.” (It
Law Columbia
MARCH 11, 2024
With respect to the first category, registrants must disclose climate-related risks that are reasonably likely to have a material impact on the registrant’s business strategy, operational results, or financial condition. Materiality is described in the rule as “defined by the Commission and consistent with Supreme Court precedent.”
E2 Law Blog
NOVEMBER 8, 2021
Unless this new section 19 is read by the New York courts in a way different from the way they have read the other 18 sections of the Bill of Rights, section 19 will not give the person whose air is dirty a right to sue the polluter directly. In the environmental context, a person might not have “clean air” for many reasons.
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